The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s use of bailiffs to collect council tax arrears. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Ms X, says she only received one email from the Council about her council tax and it sent all other letters to a property it knew she had left. She complains the Council will not recall the arrears from the bailiffs. Ms X wants a payment plan with the Council or deductions from her earnings.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Ms X and the Council. This includes the complaint correspondence and an update from the Council. I also considered our Assessment Code.
My assessment
Ms X stopped paying council tax during 2022 and moved during September 2022. She says she told the Council she had left; the Council says it has no record of this. The Council sent council tax letters to the property because it did not know Ms X had moved. In January 2023 the landlord told the Council Ms X had left in September.
During early 2023 there were email exchanges between Ms X and the Council. The Council said Ms X had arrears of £563, it asked for a payment plan and a forwarding address. Ms X sent emails in February and March, and asked for a plan, but did not make a payment offer. The Council heard nothing further from her so in November it asked bailiffs to collect the arrears.
Ms X complained and asked for a payment plan with the Council. In response the Council said it would not recall the debt but offered to help her negotiate a payment plan. It asked Ms X to complete a budgeting sheet and provide bank statements; it put bailiff action on hold to give her time to send this information. Ms X did not respond so bailiff action resumed.
In response to further complaints the Council explained why it had instructed bailiffs and again asked for a completed budgeting form. It said it would consider an application for discretionary relief (a council tax reduction) if Ms X applied and provided supporting evidence. The Council explained it could not take deductions from her pay because in 2020 Ms X said she had been made redundant and the Council had no employment details for her.
The current position is that Ms X has arrears of £811 with the bailiffs plus bailiff fees of £385. She also has other arrears which are still with the Council. The Council says Ms X has not submitted a completed budgeting form, or applied for discretionary relief or supplied her new address.
I will not start an investigation because there is insufficient evidence of fault by the Council. I cannot resolve the dispute about whether Ms X told the Council she had moved but the documents show there were email exchanges in early 2023 when the Council told Ms X she had arrears and asked for payment. Ms X replied so was aware she had arrears. Ms X could have made a plan in early 2023 for £563. But, because Ms X made no payments or a plan the Council instructed bailiffs, as it was allowed to do. It then offered to help Ms X negotiate with the bailiffs and said it would consider an application for discretionary relief. I appreciate Ms X wants the Council to recall the debt but it is not under any duty to do so; the law allows councils to use bailiffs to collect council tax arrears.
Ms X is unhappy with the Council’s actions but I have not seen any suggestion of fault and there is no reason to start an investigation.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman